Illustrated crowd of workers and organizers raising fists and carrying placards beneath a rising sun
The People’s Editorial DirectorateEvery struggle requires an approved interpretation.
The White House’s James S. Brady Press Briefing Room in an archival photograph.
The White House’s James S. Brady Press Briefing Room in an archival photograph. Kellerbn / CC BY 2.5.

Nation Endangered by Return of Reporters Who Ask Questions

The Trump administration argued that keeping CNN, MS NOW and Politico out of the White House was a matter of national security. On September 24, Judge Timothy Kelly ordered their passes restored for 14 days, finding the ban likely unconstitutional and the security argument unsupported. Trump had already explained that his objection was their supposedly dishonest, negative coverage. Even Fox News joined the press-freedom brief supporting the excluded outlets. The administration was therefore left defending the proposition that America could withstand its enemies, but the president required protection from people reporting on him.

States’ Rights Suddenly Terrifying When a Judge Applies Them

A federal judge dismissed Chelsea Cox’s noncitizen-voting prosecution on October 1, ruling that the Constitution leaves voter qualifications to the states and that this federal prosecution could not stand. Senator Mike Lee called it “insane” and accused activist judges of dismantling noncitizen-voting prohibitions. Florida’s prohibition remains in place, and the decision binds no other judge. The ruling is open to challenge; it did not give noncitizens a national invitation to vote. Nevertheless, a dispute over which government may prosecute one defendant has become another occasion to announce that Democrats are dismantling elections. Federalism has apparently fallen into the wrong hands.

Fox News: Lee’s reaction, October 3

Missouri’s Republican Map Loses a Round. America’s Survival Is Questioned.

The U.S. Supreme Court building at dusk, October 2011; contextual panorama.
The U.S. Supreme Court building at dusk, October 2011; contextual panorama. Joe Ravi / CC BY-SA 3.0.

The Supreme Court stayed a federal order requiring Missouri to use its new Republican-favored congressional map, leaving the state court’s direction to use the 2022 map in place while litigation continues. Voters had petitioned for a referendum on the replacement. Conservative commentator Seth Keshel responded by portraying the judiciary as a threat to America’s survival; other right-wing commentators accused the justices of helping Democrats. The Court had not outlawed Republicans or finally settled the redistricting case. It had interrupted a plan to secure another favorable district. Some defenders of the Republic apparently found that distinction difficult to appreciate.

documented reactions, Democracy Docket, September 10 · Supreme Court docket

Judges Compare Notes. Homeland Security Sees a Conspiracy.

Minnesota’s federal judges used discussions, reference materials and templates to manage the flood of detention challenges generated by the Trump administration’s immigration operation. DHS general counsel James Percival characterized their collaboration as conspiring against enforcement, while DOJ questioned whether judges who discussed their experience should recuse themselves. Chief Judge Eric Tostrud said each judge decided cases independently and that their conclusions sometimes differed. The internal materials have not been released, so the ethical questions cannot be settled from the interviews alone. What is public is an administration generating extraordinary judicial work, then treating the judges’ efforts to handle it as evidence against them.

Filed under: reality, corrected for public consumption.